Starweather

Terms of Service

Last updated: July 21, 2026

Effective Date: July 21, 2026. Operator: SKYWEATHER, LLC, a Delaware limited liability company doing business as “Starweather,” with its principal place of business at 8 The Green, Suite B, Dover, DE 19901 (“Starweather,” the “Company,” “we,” “us,” or “our”).

These Terms of Service (these “Terms”) govern your access to and use of the Starweather website located at https://starweather.co, our mobile applications and mobile experiences, SMS and text-messaging services, voice consultations, software, content, and related products and services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. IT AFFECTS YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 18.7.

THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT PROVIDE MEDICAL, MENTAL HEALTH, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALL FORECASTERS AND CONSULTANTS ON THE SERVICES ARE ARTIFICIAL INTELLIGENCE, NOT HUMAN BEINGS. SEE SECTIONS 5 AND 6.

Table of Contents

1. Acceptance of These Terms

By creating an account, clicking or tapping to accept, opting in to our SMS program, purchasing a subscription or Star Credits, placing or receiving a voice consultation, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not access or use the Services.

2. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide reasonable advance notice — for example, by email to the address associated with your account, by SMS or in-product notice, or by prominently posting the updated Terms on the Services — at least thirty (30) days before the changes take effect, except where changes are required sooner by law or address new features or security needs. The “Last Updated” date above reflects the current version.

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to updated Terms, you must stop using the Services and, if applicable, cancel your subscription before the changes take effect. Material changes to Section 18 (Dispute Resolution) will not apply to any dispute of which either party had actual notice before the effective date of the change, and any material change to Section 18 will be accompanied by a renewed 30-day opt-out right as described in Section 18.7.

3. Eligibility

You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction of residence, if higher) to access or use the Services. The Services are not directed to, and may not be accessed or used by, anyone under 18 under any circumstances, including with parental consent or supervision. By using the Services, you represent and warrant that you are at least 18 years of age, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Services under any applicable law. We may require proof of age and may suspend or terminate any account we reasonably believe belongs to a person under 18, and we will delete associated personal information in accordance with our Privacy Policy and applicable law.

4. Privacy

Our Privacy Policy, available at https://starweather.co/privacy, describes how we collect, use, disclose, and retain personal information — including birth date, birth time, birthplace, phone number, communications, and payment information — and explains the privacy rights available to you under applicable law and how to exercise them. The Privacy Policy is incorporated into these Terms by reference. Please review it carefully before using the Services.

5. Description of the Services; AI Disclosure

5.1 What the Services Do

Starweather provides astrological birth chart computations using the Swiss Ephemeris, daily astrological forecasts (“Daily Forecasts”), text-based interactions, and voice consultations. Charts are computed server-side based on the birth data you provide. We apply historical timezone and daylight saving rules to the birth data you submit. If a birth time is unknown, charts are computed for 12:00 noon local time and no rising sign (ascendant) is calculated. The quality of any chart or reading depends on the accuracy of the information you provide.

5.2 Artificial Intelligence Disclosure

All forecasters, consultants, and conversational personas available through the Services — including all voice consultations and text-based chat — are powered by artificial intelligence. They are not human beings. We disclose this clearly and conspicuously at the point of purchase, at the beginning of each voice consultation, and within text-based interfaces, and the AI will confirm its nature if asked. No human psychic, astrologer, or counselor services are offered through the Services. AI-generated content is produced by statistical models and may be inaccurate, incomplete, or inconsistent.

5.3 Changes to the Services

We may add, modify, suspend, or discontinue any feature, content, plan, or component of the Services at any time. Where a discontinuation materially affects a paid subscription or prepaid Star Credits, Section 9 governs your remedies.

6. Entertainment Purposes Only; No Professional Advice; Crisis Resources

THE SERVICES ARE PROVIDED SOLELY FOR ENTERTAINMENT, EDUCATIONAL, AND SELF-REFLECTION PURPOSES. ASTROLOGY IS INTERPRETIVE AND SUBJECTIVE. THE SERVICES DO NOT CONSTITUTE, AND MUST NOT BE RELIED UPON AS, MEDICAL, MENTAL HEALTH, PSYCHOLOGICAL, LEGAL, FINANCIAL, INVESTMENT, TAX, OR ANY OTHER FORM OF PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. WE MAKE NO GUARANTEES AS TO ACCURACY, OUTCOMES, OR RESULTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION OR ACTION YOU TAKE OR REFRAIN FROM TAKING BASED ON THE SERVICES.

Always seek the advice of qualified professionals — such as a physician, licensed mental health provider, attorney, or financial advisor — with any questions regarding a medical condition, mental health, legal matter, or financial decision. Never disregard professional advice or delay seeking it because of anything provided through the Services.

If you are in crisis: The Services are not a crisis resource and are not monitored by humans. If you are experiencing a mental health emergency, are in danger, or are having thoughts of harming yourself or others, do not use the Services for help. In the United States, call or text 988 (Suicide & Crisis Lifeline) or call 911. Outside the United States, contact your local emergency number or a local crisis hotline.

7. Text Message (SMS) Program

Starweather operates a recurring SMS/text-message program. By providing your mobile phone number and completing our opt-in process, you give your prior express written consent to receive recurring automated marketing and informational text messages from or on behalf of Starweather at that number, including Daily Forecasts and conversational replies, sent using an automatic telephone dialing system or other automated technology. Consent is not a condition of any purchase.

Message frequency varies. Message and data rates may apply. Reply STOP at any time to cancel (you will receive a single confirmation message); reply HELP for help or contact legal@starweather.co. We honor opt-out requests immediately and maintain records of consent and revocation. We comply with applicable federal and state telemarketing and text-messaging laws, including quiet-hour restrictions. Mobile carriers are not liable for delayed or undelivered messages.

You represent that you are the current subscriber or customary user of the phone number you provide, and you agree to notify us promptly at legal@starweather.co if you release or change that number. The full program terms and privacy disclosures for the SMS program are available at https://starweather.co/sms and are incorporated into these Terms by reference.

8. Accounts and Security

You may need an account to use certain features. You agree to provide accurate, current, and complete information, to keep it updated, and to maintain the confidentiality and security of your login credentials. You are responsible for all activity that occurs under your account. Notify us immediately at legal@starweather.co of any unauthorized use of your account or any other breach of security. We are not liable for losses caused by unauthorized use of your account to the extent resulting from your failure to safeguard your credentials.

9. Subscriptions, Payments, and Billing

9.1 Plans and Pricing

The Services include a free tier with limited features and the following paid offerings (prices in U.S. dollars, exclusive of taxes, which may be added where applicable):

  • Celestial — $12.99 per month, billed monthly on a recurring basis.
  • Cosmic Year — $89 per year, billed annually on a recurring basis.
  • Voice consultations — $0.99 per minute, billed by the second based on elapsed call time; system processing (“thinking”) time is not charged.
  • Star Credits — prepaid credits redeemable within the Services, as described in Section 9.6.
  • The Almanac — $12 per year, billed annually on a recurring basis; adds the expanded edition of the daily Morning Map described at checkout.
  • A Year of Mornings — $12, a one-time gift purchase of one year of The Almanac for a recipient you choose. It never auto-renews.

Current pricing and plan features are described at checkout. Payments are processed by third-party payment processors; we do not store full payment card numbers.

9.2 Auto-Renewal Authorization; Renewal Reminders

Paid subscriptions automatically renew at the end of each subscription period at the then-current rate until you cancel. At checkout, before charging you, we will disclose the automatic-renewal terms — including the recurring charge amount, billing frequency, and cancellation instructions — and obtain your affirmative consent to those terms, and we will send you an acknowledgment you can retain. By subscribing, you authorize us and our payment processors to charge your payment method on a recurring basis. For annual plans, and wherever required by law, we will send a renewal reminder with cancellation instructions before the renewal charge. If a payment fails, we may retry it and may suspend paid features until payment is completed.

Membership sunset. No subscription will automatically renew more than seven (7) years after your most recent affirmative sign-up. When your subscription reaches that point, it will expire at the end of the then-current paid period, no further renewal charges will occur, and you will retain access through the end of that period. You may re-subscribe at any time, which starts a new seven-year period.

9.3 Cancellation

You may cancel a subscription at any time through your account settings, and cancellation will be at least as easy as the method you used to subscribe (including an online cancellation mechanism for online sign-ups). Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then. Except as required by law, expressly stated in these Terms, or provided in our Refund & Cancellation Policy, we do not provide prorated refunds for partial billing periods.

9.4 Refunds

Our Refund & Cancellation Policy is incorporated into these Terms by reference, and the refunds it promises — including for unwanted renewals, unused prepaid balances and question packs, failed or defective calls and readings, and undelivered purchases — are commitments, not courtesies. If this Section conflicts with the Refund & Cancellation Policy, the Policy controls. Except as provided in that Policy, as required by applicable law, as expressly provided in these Terms (including Section 9.6), or as provided by the applicable app-store platform under Section 9.7, other purchases are final and non-refundable, though we may, in our discretion, issue refunds or account credits in individual cases. Nothing in this Section limits any non-waivable refund or cancellation right you have under the law of your jurisdiction.

9.5 Voice Consultations; Spending Caps

Every paid voice consultation is subject to a per-call spending cap, preset to $20 and adjustable by you in your account settings. When a call reaches your cap, the paid portion of the call automatically ends. You will never be charged more than the applicable cap for a call. You may raise or lower your cap prospectively at any time in your account settings; changes apply to future calls only. Per-minute charges are computed by the second on connected talk time, and system processing time is excluded from billing.

9.6 Star Credits

Star Credits are prepaid credits redeemable only for eligible features within the Services. Star Credits are not money, have no cash value, are non-transferable, may not be resold, and are not redeemable for cash except where required by law. Purchased Star Credits do not expire. Promotional or bonus credits we issue for free may carry stated expiration or usage conditions where permitted by law. If we terminate your account without cause, or permanently discontinue the Services or the features for which Star Credits are redeemable, we will refund the unused balance of your purchased Star Credits. If your account is terminated for cause under Section 17, unused credits are forfeited to the extent permitted by law. We comply with applicable gift-card, stored-value, and unclaimed-property laws, which may provide additional rights that override this Section.

9.7 App Store Purchases

Purchases made through the Apple App Store, Google Play, or another platform are processed by that platform, and billing, cancellation, and refunds for those purchases are governed by the platform's terms and policies. Manage or cancel platform subscriptions through your platform account settings. Section 13 contains additional terms required by the platforms.

9.8 Price Changes

We may change subscription prices or introduce new fees by giving you advance notice. Price changes take effect no earlier than your next renewal after notice, and, where required by law, we will obtain your consent. If you do not agree to a price change, cancel before it takes effect.

10. Your Inputs; License; Feedback

“Inputs” means the information and content you submit to the Services, including birth data, questions, messages, and voice interactions. As between you and us, you retain ownership of your Inputs. You grant Starweather a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, reproduce, process, adapt, and display your Inputs solely as necessary to operate, provide, secure, support, and improve the Services and to comply with law. Our collection and use of personal information contained in Inputs — including any use in connection with improving or training our models — is governed by, and limited by, our Privacy Policy. You represent that you have all rights necessary to submit your Inputs and that they do not violate law or third-party rights.

If you send us suggestions, ideas, or feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without restriction or compensation to you.

11. Acceptable Use

You agree not to misuse the Services. Without limiting the foregoing, you will not:

  • use the Services in violation of any applicable law or regulation, or for any fraudulent, deceptive, or harmful purpose;
  • harass, abuse, threaten, or defame any person, or submit content that is unlawful, infringing, or malicious;
  • access or use the Services on behalf of, or provide the Services to, anyone under 18;
  • reverse engineer, decompile, scrape, crawl, data-mine, or use automated means (including bots or scripts) to access the Services, except by public search engines to the extent permitted by our robots.txt;
  • probe, scan, or test the vulnerability of, or interfere with or disrupt, the Services or any related network or security measure;
  • circumvent, disable, or manipulate billing, spending caps, usage limits, or access controls;
  • resell, sublicense, or commercially exploit the Services or outputs, or misrepresent AI-generated output as human-created professional advice;
  • impersonate any person or misrepresent your affiliation with any person or entity; or
  • use the Services to develop a competing product or to train a competing model.

We may investigate suspected violations and may suspend or terminate access under Section 17.

12. Intellectual Property

The Services and all content, software, technology, designs, text, graphics, audio, trademarks, and other materials made available through the Services (excluding your Inputs) are owned by SKYWEATHER, LLC or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to use the forecasts, readings, and other outputs generated for you, for your personal, non-commercial use. All rights not expressly granted are reserved. “Starweather” and related logos are trademarks of SKYWEATHER, LLC; you may not use them without our prior written consent. Third-party components, including the Swiss Ephemeris, are used under their applicable licenses.

13. Third-Party Services; App Store Terms

The Services may link to or interoperate with third-party websites, products, or services that we do not control. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

Apple App Store. If you access the Services through an Apple iOS application, the following applies: these Terms are between you and Starweather only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or their content. Apple has no obligation to furnish maintenance or support for the application. In the event of any failure of the application to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application. Apple is not responsible for addressing any claims by you or a third party relating to the application, including product liability claims, consumer protection claims, or intellectual property claims. You represent that you are not located in a country subject to a U.S. government embargo or designated a “terrorist supporting” country and are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY FORECAST, READING, OR OTHER OUTPUT — ALL OF WHICH ARE AI-GENERATED AND FOR ENTERTAINMENT ONLY — WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL STARWEATHER OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO STARWEATHER FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).

The limitations in this Section apply even if a limited remedy fails of its essential purpose, and they allocate risk between the parties as reflected in the pricing of the Services. They do not limit any liability that cannot be limited under applicable law, including, where non-waivable, liability for gross negligence, willful misconduct, or fraud, and they do not limit any non-waivable statutory consumer rights. Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Starweather and its affiliates, and their respective members, managers, officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any claims, actions, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use or misuse of the Services; (b) your breach of these Terms; (c) your violation of any law or regulation; (d) your violation or infringement of any third-party right, including intellectual property or privacy rights; or (e) your Inputs. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense. You may not settle any such claim without our prior written consent. This Section does not require you to indemnify us for liabilities that applicable law prohibits shifting to a consumer.

17. Term; Termination; Survival

These Terms apply for as long as you use the Services. You may stop using the Services and close your account at any time through your account settings or by contacting legal@starweather.co.

We may suspend or terminate your access to all or part of the Services: (a) immediately, if you materially breach these Terms, if we reasonably suspect fraud, abuse, unlawful activity, or risk to other users or to us, or if required by law; or (b) for convenience — including discontinuation of the Services — upon reasonable advance notice to you. If we terminate for convenience or without cause, we will refund any prepaid, unused subscription fees for the remainder of the current billing period and the unused balance of purchased Star Credits as provided in Section 9.6.

Upon termination, your license to use the Services ends and you must stop using them. Sections that by their nature should survive termination — including Sections 6, 9.4, 9.6 (as to refunds), 10, 12, and 14 through 21 — survive.

18. Dispute Resolution: Informal Resolution, Arbitration Agreement, Class Waiver, and Opt-Out

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT MOST DISPUTES BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, AND LIMITS THE TIME TO BRING CLAIMS. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 18.7.

18.1 Informal Dispute Resolution First

Before either party initiates arbitration or any court proceeding (other than small-claims proceedings under Section 18.2), the party asserting the dispute must first send the other a written, individualized Notice of Dispute. Notices to us must be sent to legal@starweather.co or by mail to SKYWEATHER, LLC, Attn: Legal — Notice of Dispute, 8 The Green, Suite B, Dover, DE 19901, and must include your name, the email address and phone number associated with your account, a description of the dispute, and the specific relief sought. Notices to you will be sent to the contact information associated with your account. For sixty (60) days after a compliant Notice is received, the parties will attempt in good faith to resolve the dispute informally, including through at least one individualized telephone or video conference if either party requests one; if a party is represented by counsel, that party must personally participate alongside counsel. Completion of this process is a condition precedent to initiating arbitration or litigation, and any applicable statute of limitations will be tolled from receipt of a compliant Notice through the end of the 60-day period. An arbitrator or court may not hear a claim that has not first gone through this process.

18.2 Small Claims Option

Either party may bring an individual claim in small claims court in the county (or comparable venue) of your residence, or in Kent County, Delaware, if the claim qualifies for that court and remains an individual claim.

18.3 Agreement to Arbitrate

Except as provided in Sections 18.2 and 18.6, you and Starweather agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including their formation, interpretation, breach, or termination, and including claims based on events that occurred before you accepted these Terms — will be resolved exclusively by final and binding arbitration on an individual basis. This agreement to arbitrate is governed by the Federal Arbitration Act. Either party may also seek temporary injunctive relief in court to protect intellectual property rights or to prevent unauthorized access to the Services, pending arbitration.

18.4 Arbitration Procedures and Venue

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is filed, as modified by this Section 18. The AAA rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties will select another established consumer arbitration provider, or, failing agreement, a court will appoint an arbitrator under 9 U.S.C. § 5. A single arbitrator will be appointed. The arbitration will be conducted in the county of your residence, or, at your election, by videoconference or telephone; documentary-only arbitration is available where the AAA rules permit. Arbitration fees and fee waivers will be governed by the AAA consumer fee schedule, and Starweather will pay all filing, administration, and arbitrator fees the AAA rules require the business to pay; if the arbitrator determines your claim was not frivolous, we will also reimburse any portion of your filing fee exceeding what a court filing would have cost. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide the enforceability of the class action waiver in Section 18.6 and any dispute about compliance with Section 18.1. The arbitrator will issue a reasoned written decision, may award the same individual relief a court could, and judgment on the award may be entered in any court of competent jurisdiction.

18.5 Coordinated (Mass) Filings

If twenty-five (25) or more substantially similar arbitration demands are filed against Starweather within a 180-day period by the same counsel or coordinated counsel, the parties agree the demands will be resolved in staged proceedings: first, each side will select up to ten (10) demands to proceed as bellwether arbitrations; all other demands will be held in abeyance, with filing fees deferred and all limitations periods tolled, until the bellwethers conclude. Following the bellwether awards, the parties will engage in a global mediation session. If the remaining demands are not resolved in mediation, they will proceed in subsequent staged batches of up to fifty (50), or the parties may agree to another process. Counsel must certify compliance with AAA rules and applicable rules of professional conduct, including that each demand reflects a genuine, individualized claim by an actual client. A court of competent jurisdiction may enforce this subsection, including by enjoining mass filings that do not comply with it. This subsection does not prevent any individual claimant from obtaining relief; it sequences proceedings to ensure each claim receives individualized treatment.

18.6 Class Action Waiver; Jury Waiver; Public Injunctive Relief

YOU AND STARWEATHER EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PARTIES OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. TO THE EXTENT ANY PROCEEDING TAKES PLACE IN COURT, YOU AND STARWEATHER EACH WAIVE THE RIGHT TO A JURY TRIAL.

If applicable law provides you a non-waivable right to seek public injunctive relief or to bring a representative claim (for example, under California law), then to that extent such request for relief may be pursued in court, and shall be stayed pending arbitration of all arbitrable individual claims; this arbitration agreement does not waive any such non-waivable right.

18.7 Your Right to Opt Out

You may opt out of this arbitration agreement and class action waiver by emailing legal@starweather.co with the subject line “Arbitration Opt-Out” — or by mailing written notice to the address in Section 18.1 — within thirty (30) days after you first accept these Terms (or within thirty (30) days after the effective date of any material change to this Section 18). Your notice must include your name and the email address and phone number associated with your account and state that you are opting out of arbitration. Opting out does not affect any other provision of these Terms and will not affect any prior agreement to arbitrate that you did not timely opt out of.

18.8 Severability of Dispute Terms

If any portion of this Section 18 is found unenforceable, the remainder will remain in effect, except that: (a) if the class action waiver in Section 18.6 is found unenforceable as to a particular claim for relief, that claim (and only that claim) will be severed and may proceed in court, with all remaining claims proceeding in individual arbitration; and (b) if this entire arbitration agreement is found unenforceable or is opted out of, disputes will be resolved exclusively in the state or federal courts identified in Section 19, subject to any non-waivable right you have to litigate in your home jurisdiction.

19. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 18, and except that if you are a consumer, you retain the benefit of any mandatory consumer protection provisions of the law of your state or country of residence. Subject to Section 18, any court proceeding will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction and venue there, except for small-claims proceedings under Section 18.2 and except where applicable law gives you a non-waivable right to bring or defend proceedings in your home jurisdiction.

20. Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Services are provided by SKYWEATHER, LLC, 8 The Green, Suite B, Dover, DE 19901; legal@starweather.co. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Pricing for the Services is set forth in Section 9.1; we may change fees as described in Section 9.8.

21. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, the SMS program terms, and any additional terms presented for specific features, constitute the entire agreement between you and Starweather regarding the Services and supersede all prior agreements on that subject.

Severability. Except as provided in Section 18.8, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent, and any attempted assignment in violation of this sentence is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

Notices. We may provide notices to you by email to the address associated with your account, by SMS, by in-product notice, or by posting on the Services. Legal notices to us must be sent to legal@starweather.co or by mail to SKYWEATHER, LLC, Attn: Legal, 8 The Green, Suite B, Dover, DE 19901.

Electronic Communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Force Majeure. We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, labor disputes, governmental action, utility or telecommunications failures, or failures of third-party providers or carriers.

Export and Sanctions Compliance. You may not use the Services in violation of U.S. export control or sanctions laws, and you represent that you are not located in an embargoed jurisdiction or on any restricted-party list.

No Third-Party Beneficiaries. Except as expressly stated in Section 13 with respect to Apple, these Terms do not confer any rights on any third party.

Interpretation. Section headings are for convenience only. “Including” means “including without limitation.”

22. Contact

SKYWEATHER, LLC d/b/a Starweather
8 The Green, Suite B, Dover, DE 19901
legal@starweather.co

By accessing or using the Services, you acknowledge that you have read and agree to these Terms.